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14B.85.030 Civil Penalties.

A. The Manager may file a complaint with the Code Hearings Officer, as provided under Section 22.03.020, for any violation of the provisions of this Chapter, asking the Code Hearings Officer to impose civil penalties as provided in this Section. Having made a determination to ask that the Code Hearings Officer to impose civil penalties as provided by this Section, the Manager shall give the person written notice of the determination by causing notice to be served upon the person at their business or residence address. Service of the notice shall be accomplished by mailing the notice by regular mail, or at the option of the Manager, by personal service in the same manner as a summons served in an action at law. Mailing of the notice by regular mail shall be prima facie evidence of receipt of the notice. Service of notice upon the person apparently in charge of a business during its hours of operation shall constitute prima facie evidence of notice to the business owner.

B. The Code Hearings Officer may impose civil penalties of up to $5,000 for any person’s first violation of this Chapter. The Code Hearings Officer may impose civil penalties of up to $15,000 for second violations of this Chapter by the same person. The Code Hearings Officer may impose civil penalties of up to $25,000 for third or additional violations of this Chapter by the same person.

C. In determining the amount of the civil penalty to be imposed for violations of the provisions of this Chapter, the Code Hearings Officer shall consider:

1. The extent and nature of the person’s involvement in the violation;

2. The economic or financial benefit accruing or likely to accrue as a result of the violations;

3. Whether the violations were repeated or continuous, or isolated and temporary;

4. The magnitude and seriousness of the violation;

5. The City’s costs of investigating the violations and correcting or attempting to correct the violation; and,

6. Any other factors the Code Hearings Officer may deem to be relevant.

D. The Manager’s decision to file a complaint under subsection A seeking civil penalties for any violations of this Chapter shall be an exclusive choice of remedies for enforcement of the requirements of this Chapter for those violations. In such cases, no criminal penalties may be imposed under Section 14B.85.040.